Elections and the Election Commission
NCERT Class 9 - Democratic Politics I, Chapter 3 • NCERT Class 11 - Indian Constitution at Work
Elections and the Election Commission
Elections are the mechanism by which people choose and change their rulers. For elections to be democratic they must offer a real choice, be held at regular intervals, and be conducted by an authority independent of the government of the day.
What makes an election democratic
- Every adult citizen has one vote and every vote has equal value, under Article 326 and universal adult franchise.
- There is a genuine choice of parties and candidates, so that the ruling party can actually be defeated.
- The choice is offered at regular intervals - normally every five years.
- The candidate preferred by voters is actually elected and allowed to take office.
- Elections are conducted freely and fairly, without intimidation, rigging or misuse of official machinery.
- The voting age was reduced from 21 to 18 years by the 61st Amendment of 1989.
The Election Commission
- Established by Article 324 as an independent constitutional body, not a statutory one.
- It was a single-member body for most of its early history and has been a multi-member body with a Chief Election Commissioner and Election Commissioners since 1993.
- Members are appointed by the President. The Chief Election Commissioner can be removed only in the same manner and on the same grounds as a judge of the Supreme Court, which is his main protection.
- Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.
- The Commission's independence rests on security of tenure for the Chief Election Commissioner, service conditions that cannot be varied to his disadvantage, and a constitutional rather than statutory basis.
Functions of the Commission
| Function | What it involves |
|---|---|
| Superintendence of elections | Elections to Parliament, state legislatures, and the offices of President and Vice-President |
| Electoral rolls | Preparation, revision and publication of the roll of voters |
| Notification of schedule | Announcing dates, receiving nominations, scrutiny and withdrawal |
| Recognition and symbols | Granting recognition to parties and allotting election symbols, and settling disputes between factions |
| Model Code of Conduct | Enforcing rules of conduct on parties and candidates from the announcement of the schedule |
| Advice on disqualification | Advising the President or Governor on disqualification of sitting members, whose advice is binding |
| Supervision of machinery | Appointing observers, transferring officials, and ordering repoll where necessary |
- Elections to local bodies are conducted not by this Commission but by the State Election Commission created under the 73rd and 74th Amendments.
- The Model Code of Conduct has no statutory force of its own but is enforced through the Commission's powers under Article 324 and by the political cost of violating it.
हिंदी संकेत: भारत निर्वाचन आयोग संसद, विधानसभा, राष्ट्रपति और उपराष्ट्रपति के चुनाव कराता है। पंचायत और नगरपालिका के चुनाव राज्य निर्वाचन आयोग कराता है - दोनों अलग हैं।
Exam me kaise aata hai
Factual questions ask which article creates the Election Commission, how the Chief Election Commissioner is removed, and which amendment lowered the voting age. Statement-based questions test the difference between the Election Commission of India and a State Election Commission.
UPSC / State PSC ke liye
Note the asymmetry in removal - the Chief Election Commissioner enjoys judge-like protection while other Commissioners can be removed on his recommendation, which has been criticised as leaving them less secure. On the Model Code, the point worth making is that its authority is conventional and reputational rather than statutory, and it works because parties accept it.
Yahan confuse hote hain
✗ The Election Commission conducts panchayat elections | ✓ Those are conducted by the State Election Commission
✗ The Election Commission is a statutory body | ✓ It is a constitutional body under Article 324
✗ The Model Code of Conduct is a law passed by Parliament | ✓ It is not a statute; it is enforced through the Commission's constitutional powers
Ek nazar me
- Elections are democratic when they offer real choice at regular intervals and are freely conducted.
- Article 326 provides universal adult franchise; the 61st Amendment lowered the voting age to 18.
- Article 324 creates the Election Commission as an independent constitutional body.
- It became a multi-member body with a Chief Election Commissioner and Election Commissioners in 1993.
- The Chief Election Commissioner is removed like a Supreme Court judge.
- Functions include rolls, schedule, symbols, the Model Code and advice on disqualification.
- Local body elections are conducted by the State Election Commission.